Restrictions and measures of state support for business: the digest for 29 April – 12 May 2024

DRAFTS

Joint-stock companies owned by regions become public customers for the purpose of procuring medicines and medical devices

Draft federal law No. 532929-8

The law has been passed by the State Duma.

In particular, it has been established that when joint-stock companies which are owned by regions perform procurement for the purpose of fulfilling contracts with regions/municipalities that have been concluded under article 93(1)(6.1) of Law No. 44-FZ, they should operate within the framework of this Law No. 44-FZ (other than with regard to planning). This concerns contracts under which the above joint-stock companies act as sole suppliers of medicines, specialised medical foodstuffs, medical devices and disinfectants or services of storing and delivering relevant goods as well as repairs and maintenance of medical devices.

The new developments may come into effect from 1 January 2025.

The amount of a penalty in favour of a consumer may be restricted

Draft federal law No. 617592-8

The draft has been put before the State Duma.

It has been proposed to specify in Russian Law No. 2300-1 “On the protection of consumer rights” dated 7 February 1992 that when a consumer’s claims are upheld, the court imposes on the manufacturer/seller/importer a fine for not satisfying such claims voluntarily, which amounts to 50% of the awarded sum, but does not exceed the contract price of the goods/work/services.

The list of goods has been proposed that, in the event of customs payments being avoided in relation to them, result in such avoidance being treated as an offence involving a large amount

The Russian Government’s draft decree

Public discussions are now taking place. The draft has been developed by the Ministry of Finance.

Federal Law No. 79-FZ dated 6 April 2024 increases the thresholds for large and especially large amounts with respect to outstanding customs charges, as well as special, anti-dumping and/or compensatory duties for the purposes of imposing criminal liability pursuant to article 194 of the Russian Criminal Code (“Avoiding paying customs charges, special, anti-dumping and compensatory duties collected from a company or individual”).

The draft has been developed with the view to implementing note 2 to article 194 of the Criminal Code, which authorises the Government to determine a list of individual goods whereby liability will be imposed for avoiding payments based on the currently accepted values of large and especially large amounts.

Among the goods in question are tobacco, alcohol, cars, and wood.